beta
(영문) 부산지방법원 동부지원 2017.01.19 2016가합101807

총회결의무효

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a partnership established to implement a housing redevelopment project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) with the Busan Southern-gu C Day as a project implementation district.

B. On December 8, 2005, the committee for promotion of the establishment of the defendant obtained approval under Article 13(2) of the Urban Improvement Act from the head of the Nam-gu Busan Metropolitan Government, and held the defendant's inaugural general meeting on November 10, 2007, and was elected as the head of the association at its inaugural general meeting.

C. On January 25, 2010, the Defendant obtained authorization to establish an association from the head of the Nam-gu Busan Metropolitan City, and completed the registration of incorporation on February 3, 2010.

D’s convening on April 8, 2011, the Defendant’s general meeting was held on April 8, 201, and the Defendant, among 344 members, passed a resolution to select KS Construction Co., Ltd. as a contractor (hereinafter “instant resolution”) while attending the meeting by submitting a written resolution (hereinafter “instant resolution”).

마. 관련 규정 ▣ 도시정비법 제18조(조합의 법인격 등) ① 조합은 법인으로 한다.

(2) A cooperative shall be established by making a registration of matters prescribed by Presidential Decree at the seat of its principal office within 30 days from the date of authorization for its establishment.

Article 23 (Disqualifications and Dismissal of Executives of Partnership) (1) Any person falling under any of the following subparagraphs shall not be eligible for an officer of the partnership:

(2) When the executives of an association fall under one of the subparagraphs of paragraph (1) or are found to fall under one of them at the time of appointment, they shall retire automatically.

(3) Any acts participated by an officer, who has retired under the provisions of paragraph (2), before his retirement shall not lose their validity.

▣ 도시정비법 시행령 제22조의2(창립총회의 방법 및 절차 등) ③ 창립총회는 추진위원회 위원장의 직권 또는 토지등소유자 5분의 1 이상의 요구로 추진위원회 위원장이 소집한다.

(4) A inaugural general meeting shall conduct the following affairs:

2. 조합임원의 선임 ▣...